Morning journal and courier., 1887-06-29
THE CONVENTION OF 1857.

The Address of Hon. ]. RandeiPh
Tucker-The Federal Constitution
ssPower Coupled with Rfght'-The
MatchIess Glory of The ConSS1tu"
tiem-Its Powers And Limitations
The Late Amendments-The Dis
tingulshed Southerner's Patriotic
werds-The Social And Capitaiistle
Forces And Dangers OF To-Day.
Hon. J. Randolph Tucker of Lexington,
Ky, one of the leading jurists of the coun-
try, in his address at Yale Law school COM
mencement yesterday spoke as follows: Al
ter noting that century has passed since
the federal convention met in Philadelphia
and proposed the federal constitution to the
States for their final assent and ratification,
and 1emarking the supreme Importance OF
the subject to the American lawyer, VIZ, the
constitution of the United States, invited the
attention of the audience to the history OF
the convention and its work. The address
was a mastery one, treating the subject IN
its length and breadth and showing it to
have been a work of much del1beratlve
thought and an able review of the subject:
He then spoke of the long, weary struggle OF
man for freedom of thought and the exercise
of just rights It required new vltallzlng
principle to remove the pail of serv1tude
which hung over the human race. Thls re-
generating agency was found In ChrlStlanlty:
Christianity furnished as no other form OF
philosophy or religion has ever done this
impulsiye motive to human consciousness,
and this new inspiration for the human soul
has made modern civilization. Striking Is
the contrast between civil and religious lo-
erty of to-day with that of past ages. Inc
light came slowly, but it now streams IN.
The speaker ably reviewed this progress IN
foreign nations, the conflicts, the struggle,
the rebuffs, the progression. The personal
rights of man to his just liberty became re-
cognized The speaker then came to his
assertion of the cardinal principle that power
to be sustained must be backed up by right.
Power must husband right, and right needs
power for self-protection. Mr.. Tucker then
spoke of magma charta and the political
principles underlying the House
Of Commons, and of the
assertion of the American colonies that no
taxation could be rightly imposed upon them
without their consent, and of the then lire
pressible conflict" which arose, resulting in
this becoming q free and independent re-
public. He then fastening on reviewed
briefly the want of compact union IN the
States resulting in the articles OF confedera-
ton which in turn did not meet the case full
", and the consequent holding OF the con-
vention of 1857. He in much detail noticed
the various movements in the dlHerent
States to remedy the lack OF cohesion, ana
which movements led up to the supplying
the long felt want, constitution
supreme over the government; the full
details of the internal conflict IN the
States, the compromise between the large and
the small States, between the commercial and
the agricultural States, in which the slavery
question took a permanent place, and the
compromise by which the slave trade was
continued to 1908 and the power over COM
merce was given to ma ority of Congress
and two-thirds vote was dispensed with.
He referred also to the proceedings which
led to the construction of the three depart
raents and the distribution of their powers
and the disposition of the power granted to
the federal government and to those reserved
for the States. Mr.. Tucker then spoke of the
establishment of an independent judiciary
and the great wisdom displayed in making
the judiciary thus independent, and then
spoke of the satisfaction of the work of the
1857 convention by the several States sepa-
rately in their different State conventions.
Proceeding he said: 1 think the philosophy
of our wonderfully and profoundly. wise
federative system is in what have already
said. Power and right are welded and never
divorced. There are general interests in
which all the States in the Union have rights
All must have power as to such. Then there
are local interests in each State which require
to be under the exclusive power of each,
that WEEDS power and right, general power
over all general interests and local power
of each over each local interest.
This is self-government. This secures
liberty and peace and prosperity! The speak
er then very lucidly and ably summarized
the leading features in our general govern
ment illustrative of this happy union of
power and right as evinced in the laws for
the collection of taxes, duties, imports and
excuses, the war and peace powers and the al
lotment in general of certain just powers to
the national government and of other powers
to the States as individual members of the
body polite In truth, added the speaker,
this is a union of republics, and by inter
compact we have agreed it shall ever abide
as the great republic of republics.
In the power of taxation and the regula-
ton of commerce, foreign and Interstate,
here was marked difference between the
United States constitution and the old arti-
cles Of confederation. The change
herein made was, however, fanc-
tional, not organic. In making
this change, as the speaker went on to show,
there was not the slightest intent to impair
the autonomy of the States. Other marked
distinctions between the two instruments
were the creation of two houses of Congress
instead of one, and the creation of the exec
utive and judicial departments with powers
coordinate to those of Congress, and the SUI
premacy of the constitution and laws of the
United States-made in pursuance thereof
and of treaties-over all the constitutions and
l,Ys of the several States, the same to be
sPIS,,Sd through judicial decision. The
ete!en hen briefly referred to the first
their scope ,,uents to the constitution,
be regarded assect. These might Justly
after it's art an o. work Of the
Interpretation by many of its n a. %or,teti 1 90
true character of the constitution be- ~ ~ a
The speaker then referred to the featr9e !
our government, such as the power of ii
executive, the power of Congress to rail
armies and navies, the veto power and IL
power of the judiciary.
In looking at the history of the operation
of this constitution system, we cannot be il
sensible to the fact that. it left to posterit
problems which it failed to settle and whic
have resulted in calamities it ws
perhaps not given to human wis
dom to prevent. A union of State
differing radically in interests, from the ex
istence in some of them of the institution q
slavery, for which neither that nor succeed
ing generations We're responsible, produces
| an angry conflict of sentiments which termi
mated in one of the most tremendous wars O
modern times, in which military genius ant
| martial heroism for four years in rival host
| commended for liberty. As native and de-
voted son of Virginia, with convictions a
sincere as they were adverse to your own,
shall not obtrude vindication of her course
49, oAo1 oAAoPPy SIAuSS1S Dc1OT0 InlS audi
ence. The constitution gave to the South nc
adequate power to defend her rights and
slavery persisted under the power
of the Union and without the
States where it existed. Amendments to the
constitution have been ratified by the States
and have settled to-day what was unsettled q
century ago. Those constitutional principles
of slavery can never exist in any of the
United States again. The constitutional
right of State to secede is gone forever.
The power through suffrage of the negro to
defend his right of personal freedom is Sc
cured. TO these results, as parts of our con-
stitutional system, bow without reserva-
ton and yield to them the obedience due by
citizen of Virginia to the supreme law Of
the land.
Joining hands and uniting hearts, we
henceforth in this federal union must labor
to save the system in which we are equally
interested from the dangers which surround
it. To some of these dangers you will allow
me to allude in closing.
First-Danger to the individual by GEN.
tralized power. This centralistic tendency
in our day is two-fold. Social and political
corporation combinations of wealth and en-